TOPEKA, Kan. (WIBW) - Kansas Court of Appeals will hear a class action suit among others on its July 16 and 21 docket.
The Kansas Court of Appeals says it will hear appeals via videoconference Thursday, July 16 and Tuesday, July 21, which will be live-streamed on its YouTube channel.
The Court says Judge Michale Buser will be the presiding judge on this docket joined by Judges Stephen Hill and Sarah Warner.
According to Administrative Order 2020-PR-076, the Kansas Supreme Court has ordered all hearings to be conducted remotely if possible.
The cases to be heard on this docket are as follows:
- Appeal No. 119,981: State of Kansas v. Bradley M. Trefethen
- The Court says this Sedgwick County case convicted Trefethen of reckless aggravated battery for causing great bodily harm to a child in his care. The State says during his trial it produced Trefethen’s recorded admission that he grabbed the child above the ankles and pulled up to make the child laugh and stop crying. According to the State, a physician testified Trefethen’s admission was consistent with causing the child to have two broken legs. The Court says the jury found Trefethen guilty of reckless aggravated battery. On appeal, Trefethen says there is insufficient evidence supporting his reckless aggravated battery conviction. He also says he is contending several jury trial instructions and says his conviction must be reversed due to the crime of reckless aggravated battery being a logical impossibility.
- Appeal No. 121,564: CharlesSander v. Kansas Department of Revenue
- The Court says this Ellis County case started during a traffic stop in 2018 when a police officer arrested Sander for driving under the influence of alcohol. The Kansas Department of Revenue says it revoked his driver’s license after he failed a breath-alcohol test upon his arrest. Upon appeal, Sander says the arresting officer did not have probable cause to believe Sander was intoxicated and unable to safely operate his vehicle. As a result, Sander says he is seeking reinstatement of his driver’s license.
- Appeal No. 122,243: the State of Kansas v. Shelby Dawn Johnson
- The Court says this Sumner County case involves the district court’s pretrial rulings on the admissibility of certain evidence in a murder prosecution for the death of a 7-month-old child. The State says it charged the mother with the crime. Prior to trial, Johnson says she sought to exclude certain testimony from the trial. The district court says it granted the motion, ruling the proposed testimony violated the Kansas rules of evidence. The State says it now brings the interlocutory appeal, arguing the district court abused its discretion in excluding the State’s proposed evidence at trial.
- Appeal No. 120,611: L. Ruth Fawcett Trust et al. v. Oil Producers Inc. of Kansas
- The Court says this Seward County case is a class action brought by the owners of royalty interests in oil and gas leases against the lessee-operator, Oil Producers Inc. of Kansas, for underpayment of royalties. The Court says there are three issues on appeal. First, the district court may have misconstrued a previous Kansas Supreme Court decision and mandate in the case. Second, the district court may have erred by failing to award prejudgment interest for the wrongful deduction of conservation fees. Lastly, the district court may have erred by ruling Oil Producers was barred from asserting a statute of limitations defense.
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